A criminal record in Oklahoma can follow a person long after they have served their time and completed all that a court requires of them under the law. However, it is possible to clear a criminal record in Oklahoma. Also, new state laws make it even easier to move on with your life.
Clearing a Criminal Record in Oklahoma
Expungement is the tool used to clear a criminal record. If a person qualifies, all references to the criminal record are sealed from public view. This includes the arrest record, the court file, and all online websites used for background checks such as On Demand Court Records (ODCR.com) and Oklahoma State Courts Network (OSCN). Okla. Stat. tit. 22 § 18
When you clear a criminal record, it is as if the criminal record never existed at all. In fact, once an expungement is granted, if asked if you have ever been convicted of a crime, it is legal to answer “no.”
Types of Expungements
There are several different types of expungements. The most complete one, clearing a criminal record, is also the most difficult type to qualify for and obtain.
Only misdemeanors and non-violent felonies qualify for this kind of expungement. It also requires a complicated petition that is best handled by an experienced Tulsa expungement attorney. It also requires a significant waiting period between the completion of a person’s sentence and their petition.
Before the Oklahoma legislature took action to shorten the waiting time for a criminal records expungement, you had to wait 10 years after the completion of a felony sentence to begin the process. New legislation, passed in 2016, has shortened this time to five years.
Waiting times for other convictions vary. Some misdemeanors may be expunged immediately. Also, immediate expungement may be possible in a misdemeanor case that involved no jail time and where the fine was less than $501, or one year after completing a deferred judgment or suspended sentence on a misdemeanor charge.
A conviction of a non-violent felony with a deferred judgment or delayed sentence will qualify after five years after the completion of the sentence. A conviction of a non-violent felony with a sentence other than a deferred or suspended sentence will also qualify, but the wait will be longer. A misdemeanor conviction resulting in jail time or a fine in excess of $500 will also qualify five years after the completion of the sentence.
Sealing a criminal record of a violent felony is not possible.
Expungement Eligibility
Clearing a criminal record in Oklahoma is a complicated process and is only available to people within the following categories:
- after acquittal; or
- an overturned and dismissed conviction; or
- innocence later proven by DNA evidence; or
- a full pardon is received based on a finding of innocence; or
- you were arrested but not charged, and the time for charges to be filed against you has expired; or
- you were under 18 years of age at the time the offense was committed and you have received a full pardon.
The Petition is Complex
A petition to clear a criminal record is complex. It is always better to do it correctly the first time.
A formal pleading is required to get an expungement. There are no forms to fill out. Instead, an attorney drafts a Petition for Expungement and files it with the court in which the record exists.
The court clerk issues a hearing date; a copy of the petition and the Notice of Hearing must be served upon all of the interested parties in a timely fashion. This is to allow them to file objections and appear at the hearing on the Petition for Expungement. Evidence is taken at the hearing.
The court balances a person’s right to privacy against the public interest in knowing a person’s criminal history. This standard can be a difficult one to meet. Thus, every detail may be important for the court to understand correctly.
Initial Strategy Session: Tulsa, Oklahoma Criminal Records Attorney
For a low-cost consultation in matters concerning the possibility of clearing your criminal record, call Seventh Street Law Firm’s Tulsa attorney at 918-932-2777.
If you prefer e-mail correspondence, please send your question or inquiry using the form at the right side of this page.